Vermont Statutes Annotated
Vt. Stat. Ann. tit. 13, § 2310 (2026)
Conviction of lesser offense
✓ current as of May 2026
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(Cite as: 13 V.S.A. § 2310)
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§ 2310. Conviction of lesser offense
(a) Upon indictment or information for an offense under this chapter, a person may be convicted of a lesser included offense, as the case may be, upon the proofs.
(b) The time limitation created by subsection 4501(b) of this title for the crime of manslaughter shall not bar a conviction under this section. (Amended 1987, No. 60, § 4, eff. May 16, 1987; 1995, No. 27, § 2.)
Notes of Decisions
Cited in 5
cases, 1972–1998 · leading case: State v. Delisle, 648 A.2d 632 (Vt. 1994).
State v. Delisle, 648 A.2d 632 (Vt. 1994). “250, 252 , 617 A.2d 885, 886 (1992); see Reporter's Notes, V.”
State v. Hohman, 420 A.2d 852 (Vt. 1980). “See 13 V.S.A. § 2310. In both trials, the State was represented by the state’s attorney of Bennington County and the office of the Attorney General.”
State v. Corliss, 721 A.2d 438 (Vt. 1998). “734, 739 (1922); 13 V.S.A. § 2310; V.R.CnE 31(c). Further, an offense will be treated as a lesser-included offense only if each of its elements is ‘“always a necessary element’ of the greater offense.”
State v. Hatcher, 706 A.2d 429 (Vt. 1997). “Indeed, our statute specifically provides that “[u]pon indictment or information for an offense under this chapter [homicide], a person may be convicted of a lesser included offense, as the case may be, upon the proofs.”
In Re Murray, 298 A.2d 835 (Vt. 1972). “1947, § 3022, the law in effect at the time the defendant was charged with murder in the first degree (now 13 V.S.A. § 2310), provided that a defendant indicted for murder may be convicted of murder in either degree or of manslaughter.”
Vt. Stat. Ann. tit. 13, § 2310(a): 1 case
State v. Hatcher, 706 A.2d 429 (Vt. 1997). “Indeed, our statute specifically provides that “[u]pon indictment or information for an offense under this chapter [homicide], a person may be convicted of a lesser included offense, as the case may be, upon the proofs.”
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